This Comment analyzes whether American Trucking correctly concluded that the NAAQS informal rulemaking procedure, specifically the 1997 PM revision process, lacked an "intelligible principle" in violation of the nondelegation doctrine. Part I outlines the judicially imposed restraints on agency rulemaking and describes the history of the NAAQS revisions, particularly the revised PM standard. Part II describes American Trucking and discusses the reasoning behind the court's challenge to find an "intelligible principle" for the NAAQS revisions. Part III argues that American Trucking erred because the EPA did follow an "intelligible principle" when it promulgated the 1997 revised PM standards. This Comment concludes that American Trucking should be reversed and that the Supreme Court should reinstate the EPA's authority to protect the public from harmful air pollutants under the CAA.
Behles, Deborah NIcole, "A Wrong Turn Crushes Protective Air Regulations: American Trucking Ass'ns v. EPA" (2000). Publications. Paper 95.